Denial Notice Sent (K1)

[Chica Yeyé 41]

Well, you can now gather the missing evidence and submit as part of the appeal, right?

Buena suerte

[Stephen + Elisha 92]

Hey VJ family!! I hope everybody be good..

Well we got the hard copy and the motives were what we thought ...drugs, alcohol and rock and roll!!!!!!!! jajajajajajajajajajajajaja...I'm kidding!!!

The reasons were we didn't sent proves about we have been together for those 2 years Thomas just sent the forms, we can appeal that's what the letter said but I'm not sure if the process is gonna be fast and of course I have not idea how is the appeal...

I'm kinda frustrated cuz I can't do much being here...

The only good new I have right now is the next 19th we going to spend time together, He's coming to Mexico, Thomas, my babygirl and I, going to have vacations in a beautiful beach...

If someone have information about how is the process, what happen in your cases, any information would be great to know...

Thanks everybody and God bless you!!!

Linda

Hi Linda! Good to hear from you

What a bummer that they didn't return your I-129F initially due to lack of required information! You could have saved so much time if they'd rejected the petition initially rather than letting it wait around and then denying it rather than issuing an RFE. Water under the bridge though.

On the bright side, it sounds like there's nothing in your or your fiance's background that renders you ineligible for the visa. Nothing to stop you from trying again!

As for your next step, I'm guessing that you're better off to just file a new I-129F and make sure you include plenty of primary evidence showing that you've met in person in the last 2 years. You'll have to specify on question #11 that you've filed before and give the result, and you may want to attach a supplementary sheet explaining the circumstances and reason for the denial. But from what I've read, starting over from scratch is cheaper and quicker than trying to appeal or move to reconsider the denial.

Whatever you decide to do, best of luck—and enjoy your time with your SO! Most of all, keep smiling!

[ThomLin 0]

"Well, you can now gather the missing evidence and submit as part of the appeal, right?

Buena suerte smile.gif"

Thanks girl!!! yes we have just to send the evidence, thats what the letter said...

"As for your next step, I'm guessing that you're better off to just file a new I-129F and make sure you include plenty of primary evidence showing that you've met in person in the last 2 years. You'll have to specify on question #11 that you've filed before and give the result, and you may want to attach a supplementary sheet explaining the circumstances and reason for the denial. But from what I've read, starting over from scratch is cheaper and quicker than trying to appeal or move to reconsider the denial.

Whatever you decide to do, best of luck—and enjoy your time with your SO! Most of all, keep smiling! smile.gif"

We going to see what to do and of course sound better file a new I-129F, but we going to ask first to a layer...

Thanks Estephen and Elisha!!! for your interest...

I think we are still on the journey!!!

ThomLin

Edited August 12, 2009 by ThomLin

[Beth/ Paris Heart 2]

"Well, you can now gather the missing evidence and submit as part of the appeal, right?

Buena suerte smile.gif"

Thanks girl!!! yes we have just to send the evidence, thats what the letter said...

"As for your next step, I'm guessing that you're better off to just file a new I-129F and make sure you include plenty of primary evidence showing that you've met in person in the last 2 years. You'll have to specify on question #11 that you've filed before and give the result, and you may want to attach a supplementary sheet explaining the circumstances and reason for the denial. But from what I've read, starting over from scratch is cheaper and quicker than trying to appeal or move to reconsider the denial.

Whatever you decide to do, best of luck—and enjoy your time with your SO! Most of all, keep smiling! smile.gif"

We going to see what to do and of course sound better file a new I-129F, but we going to ask first to a layer...

Thanks Estephen and Elisha!!! for your interest...

I think we are still on the journey!!!

ThomLin

A appeal will take longer then if you just re-file for a new I-129F. Best wishes on your new journey.

[ThomLin 0]

"Well, you can now gather the missing evidence and submit as part of the appeal, right?

Buena suerte smile.gif"

Thanks girl!!! yes we have just to send the evidence, thats what the letter said...

"As for your next step, I'm guessing that you're better off to just file a new I-129F and make sure you include plenty of primary evidence showing that you've met in person in the last 2 years. You'll have to specify on question #11 that you've filed before and give the result, and you may want to attach a supplementary sheet explaining the circumstances and reason for the denial. But from what I've read, starting over from scratch is cheaper and quicker than trying to appeal or move to reconsider the denial.

Whatever you decide to do, best of luck—and enjoy your time with your SO! Most of all, keep smiling! smile.gif"

We going to see what to do and of course sound better file a new I-129F, but we going to ask first to a layer...

Thanks Estephen and Elisha!!! for your interest...

I think we are still on the journey!!!

ThomLin

A appeal will take longer then if you just re-file for a new I-129F. Best wishes on your new journey.

Thanks!! is so sweet of you!

Have a great day!

Linda

[ThomLin 0]

Well now I'm in a predicament... what to do? appeal or file again? what do you think VJ Family? it is here some lawyer who can help us with advices? or VJ who know about this kind of cases we have 33 days, now 25 to send the evidence as an appeal or refile...

Thanks for your interest and I'll be waiting any comment..

God bless you

Linda

[thepizzadude 26]

Well now I'm in a predicament... what to do? appeal or file again? what do you think VJ Family? it is here some lawyer who can help us with advices? or VJ who know about this kind of cases we have 33 days, now 25 to send the evidence as an appeal or refile...

Thanks for your interest and I'll be waiting any comment..

God bless you

Linda

So you are saying that they flat out denied the petition without sending a RFE before they denied it?

This is very odd maybe it was denied because you did not respond to an RFE that they sent because they do not just flat out deny petitions because you did not send all the info required.

Appeals from what I have read take up to a year sometimes, its hard to advise you on what is best in your situation.

I think refiling is the smartest way just based on what I have read about appeals, but make sure you follow the guides and send all required documentation the first time. Also if they send a Request For additional Evidence, make sure you respond to it.

Good Luck

Edited August 13, 2009 by thepizzadude

[ThomLin 0]

Well now I'm in a predicament... what to do? appeal or file again? what do you think VJ Family? it is here some lawyer who can help us with advices? or VJ who know about this kind of cases we have 33 days, now 25 to send the evidence as an appeal or refile...

Thanks for your interest and I'll be waiting any comment..

God bless you

Linda

So you are saying that they flat out denied the petition without sending a RFE before they denied it?

This is very odd maybe it was denied because you did not respond to an RFE that they sent because they do not just flat out deny petitions because you did not send all the info required.

Appeals from what I have read take up to a year sometimes, its hard to advise you on what is best in your situation.

I think refiling is the smartest way just based on what I have read about appeals, but make sure you follow the guides and send all required documentation the first time. Also if they send a Request For additional Evidence, make sure you respond to it.

Good Luck

Thanks so much for your advice!

Actually they never sent us a RFE, the deal is that my fiance didn't send any evidence about our relationship so Uscis said is that why and that we have to appeal or motion this, sending evidence and a letter about what happen, the thing is I don't want to wait more and is that why I'm trying to figure it out what is the best and sounds better file again, but I wanna be sure first which is our bets option...

I apreciate your interest and your time to read this and share with us.

God bless you!

Linda

[Stephen + Elisha 92]

Linda, what might be most helpful is if you would post the full text of the denial letter your fiance received (leaving out any personal/private information, of course). That might get you the most accurate advice.

[ThomLin 0]

Ok this is the copy of hardcopy..

[Stephen + Elisha 92]

Okay. Based on the letter you received, the petition was denied due to lack of evidence establishing eligibility. You have the option to appeal this decision. Though appeals and motions are filed on the same form (I-290B), a "motion to reconsider" or "motion to reopen" are not available to you.

Mind you, I am not a lawyer, so take the following in that light. That being said, my advice follows.

Do not appeal this decision. File a new I-129F and be absolutely certain that you have included all the required evidence. In that regard, you won't go wrong if you follow the K-1 guides and checklists here on VisaJourney.

Reasons for not appealing:

• The decision was legally correct. According to the sections of law and regulations cited in the letter, USCIS can at its discretion deny petitions submitted without evidence. In an appeal, you have to prove that the decision was incorrect. In this case, it was not.

• The denial you received did not state that you (the beneficiary) or your fiance (the petitioner) was ineligible. Thus, there is nothing stopping you from filing again. It simply said that you had not provided evidence of eligibility, and that the burden of proving eligibility rests with the petitioner.

• Filing a new I-129F petition is significantly less expensive than filing an appeal.

• Filing a new petition is likely to be as fast or faster than going through the appeals process.

• In my opinion, your chances of success are higher with filing a fully-supported I-129F rather than trying to prove through the appeal process that USCIS made an incorrect decision.

[Richard-Joanna 1]

Okay. Based on the letter you received, the petition was denied due to lack of evidence establishing eligibility. You have the option to appeal this decision. Though appeals and motions are filed on the same form (I-290B), a "motion to reconsider" or "motion to reopen" are not available to you.

Mind you, I am not a lawyer, so take the following in that light. That being said, my advice follows.

Do not appeal this decision. File a new I-129F and be absolutely certain that you have included all the required evidence. In that regard, you won't go wrong if you follow the K-1 guides and checklists here on VisaJourney.

Reasons for not appealing:

• The decision was legally correct. According to the sections of law and regulations cited in the letter, USCIS can at its discretion deny petitions submitted without evidence. In an appeal, you have to prove that the decision was incorrect. In this case, it was not.

• The denial you received did not state that you (the beneficiary) or your fiance (the petitioner) was ineligible. Thus, there is nothing stopping you from filing again. It simply said that you had not provided evidence of eligibility, and that the burden of proving eligibility rests with the petitioner.

• Filing a new I-129F petition is significantly less expensive than filing an appeal.

• Filing a new petition is likely to be as fast or faster than going through the appeals process.

• In my opinion, your chances of success are higher with filing a fully-supported I-129F rather than trying to prove through the appeal process that USCIS made an incorrect decision.

Why would a motion to reconsider or reopen not be available to them?

[Stephen + Elisha 92]

Okay. Based on the letter you received, the petition was denied due to lack of evidence establishing eligibility. You have the option to appeal this decision. Though appeals and motions are filed on the same form (I-290B), a "motion to reconsider" or "motion to reopen" are not available to you.

Mind you, I am not a lawyer, so take the following in that light. That being said, my advice follows.

Do not appeal this decision. File a new I-129F and be absolutely certain that you have included all the required evidence. In that regard, you won't go wrong if you follow the K-1 guides and checklists here on VisaJourney.

Reasons for not appealing:

• The decision was legally correct. According to the sections of law and regulations cited in the letter, USCIS can at its discretion deny petitions submitted without evidence. In an appeal, you have to prove that the decision was incorrect. In this case, it was not.
• The denial you received did not state that you (the beneficiary) or your fiance (the petitioner) was ineligible. Thus, there is nothing stopping you from filing again. It simply said that you had not provided evidence of eligibility, and that the burden of proving eligibility rests with the petitioner.
• Filing a new I-129F petition is significantly less expensive than filing an appeal.
• Filing a new petition is likely to be as fast or faster than going through the appeals process.
• In my opinion, your chances of success are higher with filing a fully-supported I-129F rather than trying to prove through the appeal process that USCIS made an incorrect decision.

Why would a motion to reconsider or reopen not be available to them?

Per the I-290B instructions, "The adverse decision will indicate whether you may file an appeal or a motion." The denial notice stated they may appeal. It makes no mention of a motion to reconsider or reopen, and I would interpret that to mean that those avenues are not available. It further states that the requirements for motions to reopen and motions to reconsider are found at 8 CFR 103.5, which I have not read.

[ThomLin 0]

Okay. Based on the letter you received, the petition was denied due to lack of evidence establishing eligibility. You have the option to appeal this decision. Though appeals and motions are filed on the same form (I-290B), a "motion to reconsider" or "motion to reopen" are not available to you.

Mind you, I am not a lawyer, so take the following in that light. That being said, my advice follows.

Do not appeal this decision. File a new I-129F and be absolutely certain that you have included all the required evidence. In that regard, you won't go wrong if you follow the K-1 guides and checklists here on VisaJourney.

Reasons for not appealing:

• The decision was legally correct. According to the sections of law and regulations cited in the letter, USCIS can at its discretion deny petitions submitted without evidence. In an appeal, you have to prove that the decision was incorrect. In this case, it was not.

• The denial you received did not state that you (the beneficiary) or your fiance (the petitioner) was ineligible. Thus, there is nothing stopping you from filing again. It simply said that you had not provided evidence of eligibility, and that the burden of proving eligibility rests with the petitioner.

• Filing a new I-129F petition is significantly less expensive than filing an appeal.

• Filing a new petition is likely to be as fast or faster than going through the appeals process.

• In my opinion, your chances of success are higher with filing a fully-supported I-129F rather than trying to prove through the appeal process that USCIS made an incorrect decision.

Thanks so much!!!!! you have been such a nice and wonderful person with me and Thom, I will never forget this!!

I'm going to talk with Thom about this...

Thanks again Stephen and Alisha!!!

[ThomLin 0]

I wanna share with you this video that Thom made for me...